The Church of England Pensions Regulations 1988

PART V PROVISIONS AS TO RECIPROCAL ARRANGEMENTS AND ACCRUED RIGHTS

Reciprocal arrangements with other Churches

23.—(1) The Board may, on such terms as the Commissioners may approve, enter into reciprocal arrangements with the authority controlling and administering any pensions scheme providing for pensions for the clergy, or the widows, widowers, children or dependants of the clergy, of any church to which this regulation applies, and any such arrangements may provide that—

(a) any scheme member who, after performing pensionable service within the meaning of these regulations, begins to minister in any church to which this regulation applies may, if the Board so determine, be transferred to the pensions scheme of that church; and

(b) any scheme member who, after ministering in any church to which this regulation applies, begins to perform pensionable service within the meaning of these regulations may retain, in such manner and to such extent as the reciprocal arrangements may provide, any right to or expectation of a pension which the member may have already acquired, whether for the member or for the widow, widower, children or dependants of the member.

(2) A scheme member transferred under this regulation to the pensions scheme of a church to which this regulation applies shall, as from the date of transfer, cease to have any right to receive at any time a pension under these regulations and the widow or widower, children and dependants of the member shall also cease to have any right to receive at any time a pension under these regulations, except that the Board shall have power, on such terms and conditions as the Board may think expedient, to restore to the scheme member the rights which he previously had under these regulations.

(3) This regulation shall apply to any Church or organised body of clergy recognised by the Archbishop of Canterbury for the purposes of this regulation.

Reciprocal arrangements with other pension authorities

24.—(1) The Board may, on such terms as the Commissioners may approve, enter into reciprocal arrangements with the authority controlling and administering any pensions scheme providing for pensions for persons in the service of the Crown, or of any government department or any public or local body, board or authority in England or elsewhere, or providing for pensions for the widows, widowers, children or dependants of such persons, and any such arrangements may provide that—

(a) any scheme member who after performing pensionable service within the meaning of these regulations enters such service, may, if the Board so determine, be transferred to the pensions scheme of that other authority; and

(b) any scheme member who after being in such service begins to perform pensionable service within the meaning of these regulations may retain, in such manner and to such extent as the reciprocal arrangements may provide, any right to or expectation of a pension which the member may already have acquired, whether for the member or for the widow, widower, children or dependants of the member.

(2) A scheme member transferred under this regulation to the pensions scheme of another authority shall, as from the date of transfer, cease to have any right to receive at any time a pension under these regulations, and the widow or widower, children and dependants of the member shall also cease to have any right to receive at any time a pension under these regulations, except that the Board shall have power, on such terms and conditions as the Board may think expedient, to restore to the scheme member the rights which he previously had under these regulations.

Restriction on transfer of rights under regulation 23 or 24

25.  Notwithstanding anything in any arrangements made or deemed to have been made under regulation 23 or 24 above, the accrued rights under the principal scheme of a scheme member whose service in contracted-out employment by reference to the scheme is terminated before he attains state pensionable age shall not be transferred to any other scheme in accordance with any such arrangements unless—

(a) the scheme member consents to the transfer; and

(b) that other scheme is a contracted-out scheme or, if that other scheme is administered wholly or partially outside the United Kingdom, the Occupational Pensions Board approve (whether or not subject to conditions) the arrangements made for the transfer.

Payments by Board in respect of accrued rights of former scheme members

26.—(1) Where a scheme member has ceased to perform pensionable service (whether before or after the coming into force of these regulations) in circumstances such that he has acquired a right to a cash equivalent under Part II of Schedule 1A to the Social Security Pensions Act 1975, the Board shall have power to use that cash equivalent in whichever of the ways the scheme member chooses to exercise the option conferred on him by paragraph 13 of that Schedule.

(2) Where a scheme member has ceased to perform pensionable service (whether before or after the coming into force of these regulations) in circumstances such that a transfer premium in respect of the scheme member may be paid to the Secretary of State under regulations made under section 44A of the Social Security Pensions Act 1975, the Board shall have power to pay that transfer premium in accordance with the provisions of those regulations.

(3) Where a scheme member has ceased to perform pensionable service or has died (whether in either case before or after the coming into force of these regulations) in circumstances such that a contributions equivalent premium may be paid to the Secretary of State under section 42(2) or (3) of the Social Security Pensions Act 1975, the Board shall have power to pay that premium in accordance with the provisions of that Act.

Revaluation of accrued rights

27.—(1) Where a scheme member who has acquired rights under these regulations has ceased to perform pensionable service (whether before or after the coming into force of these regulations) before attaining the retiring age, then if the revaluation condition is satisfied—

(a) any pension or other retirement benefit payable under these regulations, or under rules made under section 3 of the Clergy Pensions (Amendment) Measure 1967, to that member, as calculated at the date on which the member ceased to perform pensionable service, and

(b) any pension or other benefit so payable to any other person in respect of that member, as so calculated,

shall be revalued in accordance with the provisions of paragraphs 2 and 6 of Schedule 1A to the Social Security Pensions Act 1975 or in accordance with such other method of revaluation, not being less favourable to the person to whom the benefit concerned is payable, as the Board may determine.

(2) In this regulation “the revaluation condition” has the same meaning as in Part I of Schedule 1A to that Act.

Provisions as to rights accrued under other schemes

28.  Where any scheme member has acquired rights under a pensions scheme other than the principal scheme, the Board shall have power to accept any transfer payment made in respect of those rights and to use that payment for the acquisition for that scheme member of such rights under the principal scheme as an actuary may certify to be proper.